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Defining Personal Injury

Written By: montytx - Apr• 28•13

Under the law, personal injury is defined as injury to one’s rights arising from the actions of another. While bodily injuries are a usual component, they are not required for some types of legal actions, such as defamation. The issue of whether an injury is compensable under the law is what defines the area of law known as negligence.

Personal injury negligence cases often arise from accidents such as car accidents, motorcycle accidents, slip and falls, product liability, medical malpractice, and the like. For these types of cases, the type of injury involved must be physical and may include an emotional component. In addition to injury, other legal requirements must be met.

One of the most important and difficult concepts to understand without a injury attorney’s  assistance, is that of duty. In general, a person is under a duty to everyone at all times to use reasonable care for their safety. When conduct that is unreasonable under the circumstances causes injury to one to whom a duty is owed, and injury results, that injury may be compensable.

In addition, the Chicago personal injury or damage(s) must have been proximally caused by the third party. The issue of proximate cause is difficult and best deciphered by an attorney. In a nutshell, proximate cause is a tool used to limit liability, so that those attenuated from either the action or the injury cannot be held liable for it.

Damages are also required. In a personal injury case, damages can involve discernible amounts such as medical bills, lost wages, and the like. But damages can also include components such as emotional distress, a more amorphous type of damage. All damages must be proven.

A personal injury attorneys assistance is invaluable in determining whether a personal injury is compensable. Never hesitate to seek assistance.

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